NATIONAL INSURANCE COMPANY LIMITED Vs. JAKHU RANMAL HETHVADIA

JUDGEMENT

(1.) Upon joint request the matter is taken up for final hearing.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the interim amount of award granted by the Motor Accident Claims Tribunal, Kachchh, at Bhuj, exercising powers under Section 163A of the Motor Vehicles Act, 1988, whereby, the respondents heirs and legal representatives of the deceased Shamji Jakhu Hethvadia came to be awarded an amount of Rs. 4,36,500.00 with running interest at the rate of 12% per annum from the date of application till payment by virtue of the order and award below, Exh. 6, dated, 12.1.2000 against the appellant and respondent No. 4 jointly and severally. The impugned order is recorded for temporary compensation in exercise of power under Section 163A of the new Act during the pendency of MACP No. 1095 of 1999 by the Motor Accident Claims Tribunal, Kachchh, at Bhuj.

(3.) It has been stated by the learned counsel for the appellant that the some Tribunals have started giving permission to the opponents to cross-examine the claimants / witnesses in so far as proof of income is concerned and no separate order is passed below the application which was, already, submitted to the Tribunal. No such copy is yet shown or produced. Again it is a matter of discretion.